BILL NUMBER: AB 1391	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2015

INTRODUCED BY   Assembly  Member   Gomez
  Members   Gomez   and O'Donnell


                        FEBRUARY 27, 2015

   An act to amend Sections 51210 and 51223 of the Education Code,
relating to pupil instruction.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1391, as amended, Gomez. Pupil instruction: adopted course of
 study for grades 1 to 6:   study: elementary
school:  physical education: complaints.
   Existing law requires the adopted course of study for grades 1 to
6, inclusive, to include instruction in specified areas of study,
including physical education, with emphasis upon the physical
activities for the pupils that may be conducive to health and vigor
of body and mind, for a total period of time of not less than 200
minutes each 10 schooldays, exclusive of recesses and the lunch
period. Notwithstanding that provision, existing law provides that
instruction in physical education in an elementary school maintaining
any of grades 1 to 8, inclusive, shall be for a total period of time
of not less than 200 minutes each 10 schooldays, exclusive of
recesses and the lunch period.
   This bill would  instead require a total period of time of
physical education instruction for pupils in those grades of not
less than 400 minutes each 20 schooldays. The bill would 
authorize a complaint that a school district or county 
office of education   superintendent of schools 
has not complied with the  instructional minute 
requirements of the  physical education  adopted course of
study for  grades 1 to 6, inclusive,   pupils in
those grades  to be filed with the school district or county
 office of education  superintendent of schools
 pursuant to the Uniform Complaint Procedures, as 
specified, and would provide that the Uniform Complaint Procedures
shall be the adequate remedy at law for that complaint. 
 specified.  To the extent this bill would impose additional
duties on school district or county office of education officials,
the bill would impose a state-mandated local program.
   The bill also would  specify that   state the
Legislature's finding and declaration that  the provisions
prescribing the requirements for the adopted course of study for
grades 1 to 6, inclusive,  shall not be construed 
 and for instructional time for physical education in an
elementary school maintaining any of grades 1 to 8, inclusive, were
not intended  to create a private right of  action, as
provided.   action, but would provide that nothing in
those provisions are to restrict or expand the existing right of any
party to seek relief from noncompliance with them pursuant to a writ
of mandate. 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 51210 of the Education Code is amended to read:

   51210.  (a) The adopted course of study for grades 1 to 6,
inclusive, shall include instruction, beginning in grade 1 and
continuing through grade 6, in the following areas of study:
   (1) English, including knowledge of, and appreciation for
literature and the language, as well as the skills of speaking,
reading, listening, spelling, handwriting, and composition.
   (2) Mathematics, including concepts, operational skills, and
problem solving.
   (3) Social sciences, drawing upon the disciplines of anthropology,
economics, geography, history, political science, psychology, and
sociology, designed to fit the maturity of the pupils. Instruction
shall provide a foundation for understanding the history, resources,
development, and government of California and the United States of
America; the development of the American economic  system
  system,  including the role of the entrepreneur
and labor; the relations of persons to their human and natural
environment; eastern and western cultures and civilizations;
contemporary issues; and the wise use of natural resources.
   (4) Science, including the biological and physical aspects, with
emphasis on the processes of experimental inquiry and on the place of
humans in ecological systems.
   (5) Visual and performing arts, including instruction in the
subjects of dance, music, theatre, and visual arts, aimed at the
development of aesthetic appreciation and the skills of creative
expression.
   (6) Health, including instruction in the principles and practices
of individual, family, and community health.
   (7) Physical education, with emphasis upon the physical activities
for the pupils that may be conducive to health and vigor of body and
mind, for a total period of time of not less than  400
  200  minutes each  20   10
 schooldays, exclusive of recesses and the lunch period.
   (8) Other studies that may be prescribed by the governing board.
   (b) (1) A complaint that a school district or county
superintendent of schools has not complied with the 
instructional minute  requirements of  this section
  paragraph (7) of subdivision (a)  may be filed
with a school district or county superintendent of schools pursuant
to the Uniform Complaint Procedures set forth in Chapter 5.1
(commencing with Section 4600) of Division 1 of Title 5 of the
California Code of Regulations.
   (2) A complainant not satisfied with the decision of a school
district or county superintendent of schools may appeal the decision
to the Superintendent and shall receive a written appeal decision
within 60 days of the Superintendent's receipt of the appeal.
   (3) If a school district or county superintendent of schools finds
merit in a complaint, or the Superintendent finds merit in an
appeal, the school district or county superintendent of schools shall
provide a remedy to all affected pupils, parents, and guardians.

   (4) Notwithstanding any other law, the Uniform Complaint
Procedures set forth in Chapter 5.1 (commencing with Section 4600) of
Division 1 of Title 5 of the California Code of Regulations shall be
the adequate remedy at law for allegations of noncompliance with the
requirements of this section. 
   (c)  This section shall not be construed to create a
private right of action. This subdivision clarifies and is
declaratory of existing law, and shall apply to any pending claim.
  The Legislature finds and declares that neither the
original provisions of this section, nor any subsequent amendments to
it, were intended to create a private right of action. 
However, nothing in this subdivision shall restrict or expand the
existing right of any party to seek relief from noncompliance with
this section pursuant to a writ of  mandate if that party has
pursued and exhausted the available administrative remedies,
including those specified in subdivision (b).   mandate.

  SEC. 2.  Section 51223 of the Education Code is amended to read:
   51223.   (a)    Notwithstanding the provisions
of Sections 51210 and 51222, instruction in physical education in an
elementary school maintaining any of grades 1 to 8, inclusive, shall
be for a total period of time of not less than  400 
 200 minutes each  20   10 
schooldays, exclusive of recesses and the lunch period. 
   (b) (1) A complaint that a school district or county
superintendent of schools has not complied with the instructional
minute requirements of subdivision (a) may be filed with a school
district or county superintendent of schools pursuant to the Uniform
Complaint Procedures set forth in Chapter 5.1 (commencing with
Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.  
   (2) A complainant not satisfied with the decision of a school
district or county superintendent of schools may appeal the decision
to the Superintendent and shall receive a written appeal decision
within 60 days of the Superintendent's receipt of the appeal. 

   (3) If a school district or county superintendent of schools finds
merit in a complaint, or the Superintendent finds merit in an
appeal, the school district or county superintendent of schools shall
provide a remedy to all affected pupils, parents, and guardians.
 
   (c) The Legislature finds and declares that neither the original
provisions of this section, nor any subsequent amendments to it, were
intended to create a private right of action. However, nothing in
this subdivision shall restrict or expand the existing right of any
party to seek relief from noncompliance with this section pursuant to
a writ of mandate. 
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.